To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in GeneralCourt assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the acceptance of streets as public ways in the city of Woburn.

_______________

PETITION OF:

Name:

District/Address:

James J. Dwyer

30th Middlesex

Jay R. Kaufman

15th Middlesex

HOUSE DOCKET, NO. 508 FILED ON: 1/18/2011

HOUSE . . . . . . . . . . . . . . . No. 912

By Mr. Dwyer of Woburn, a petition (accompanied by bill, House, No. 912) of James J. Dwyer and Jay R. Kaufman (with the approval of the mayor and city council) relative to the acceptance of certain streets as public ways in the city of Woburn. Transportation. [Local Approval Received.]

An Act relative to the acceptance of streets as public ways in the city of Woburn.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Notwithstanding sections 1 to13, inclusive, of chapter 82 of the General

Laws, or any other general or special law to the contrary, the city of Woburn may accept as

public ways, in accordance with the terms hereof, any one or more of the streets and ways

listed in this act; provided, however, that acceptance as a public way

shall become final only after:

(a)The layout of the way has been ordered and approved by the city council after a duly called public hearing of which 14 days prior notice in a newspaper of general circulation in the city has been given, and of which notice is sent by mail, postage prepaid, to the owners of record, as determined by assessors’ records, who abut said street or way; and

(b)An order of layout has been filed in the office of the city clerk, containing a description of, or reference to a plan showing the boundaries and measurements of the way, which may be an existing approved and recorded definitive subdivision plan; and

(c)Either (1) the city council has determined that the city already holds land or easements for the purposes of the public way and has filed that determination with the city clerk; provided, however, that there shall be a presumption that the city already holds said easements or land for these purposes with respect to any way that has been opened to public use and maintained by the city for 20 years or more; or (2) the city council has determined it is necessary to acquire land or easements for the purposes of the public way and the city council has acquired said land or easements by gift, purchase or eminent domain; provided, further, that notwithstanding chapter 79 of the General Laws, no appraisal of damages shall be required prior to any taking for the purposes of this act.

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